Harsh consequences of unread emails

By: Stephen Schwartz

In reasons released today in Great Wall Construction Ltd. v. Lulu Island Winery Ltd., 2016 BCCA 227, the BC Court of Appeal ruled on the consequences of an email which was sent but not read by the recipient. The lawyers in question had agreed that email was an approved method of written communication. One party delivered a formal offer which was not initially accepted. The offer was withdrawn by email but the recipient for some reason not read it. The recipient later purported to accept the offer. The Court held that the withdrawal of the offer by email was effective even though it had not been read.


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Stephen Schwartz


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